Naresh Mehra And Another v. The State NCT Of Delhi And ANR.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 6262/2024 NARESH MEHRA AND ANOTHER .....Petitioners Through:
Mr. Raksh Pal Singh, Ms. Sanidhya Dubey, Mr. Hari Krishanan and Mr.
Pulkit, Advocates versus THE STATE NCT OF DELHI AND ANR.
.....Respondents Through:
Mr. Satinder Singh Bawa, APP for the State with SI Neeraj Kumar PS Anand Parbat
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R
% 13.08.2024 CRL.M.A. 23944/2024 (Exemption) 1.
Allowed, subject to just exceptions.
2.
Application accordingly disposed of.
CRL.M.C. 6262/2024 3.
The present petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of the petitioners seeking quashing of the case arising out of FIR bearing No. 38/2021, registered at Police Station Anand Parbat, Delhi, for offences punishable under Sections 323/341/506/509/34 of the Indian Penal Code, 1860 ('IPC'). 4.
Issue notice. Learned APP accepts notice on behalf of the State. 5.
A request for quashing of the FIR has been made on account of the Settlement inter se the parties. It is stated that one male child was born out of the said wedlock. It is stated that on 20.12.2023, both the parties amicably settled all the disputes vide the Settlement Deed and it was interalia settled The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/08/2024 at 11:40:36
between the parties that petitioner no. 1 shall pay a sum of Rs. 6,00,000/- to the respondent no. 2 as full and final amount.. It is also stated that the petitioner no. 1 has already paid Rs. 5,00,000 to respondent no. 2. In view of the settlement, the present petition has been filed. 6.
The petitioners and the respondent No. 2 are present in person before this Court today, and have been identified by their counsel and Investigating Officer concerned.
7.
Petitioner No.1 has handed over Rs. 1,00,000/- in cash to the complainant.
8.
Today, the complainant who is present in Court states that she has received all amounts due to her towards past, present and future alimony and has no objection if the FIR is quashed. All the parties state that they shall remain bound by the terms of the Settlement.
9.
In view of the above facts, whereby the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. Moreover, there is no legal impediment in quashing the FIR in question.
10.
Accordingly, FIR bearing No. 38/2021, registered at Police Station Anand Parbat, Delhi, for offences punishable under Sections 323/341/506/509/34 of the Indian Penal Code, 1860 ('IPC') and all consequential proceedings emanating therefrom, are quashed. 11.
The petition stands disposed of.
NEENA BANSAL KRISHNA, J AUGUST 13, 2024/PT The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/08/2024 at 11:40:37